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    • Don't worry, Simple Simon of VCS/Excel is very well known to the forum, as indeed are his defeats, of which he notched up another brace only last week.   There is time to 5 February and as dx says, the defence need only be very short.  Get CPR off today and upload the correspondence in PDF when you can.  Just follow our upload guide.   A few questions.   1.  Briefly, what went on, how did your wife get three tickets?   2.  Is the person they are suing also the same person who was driving on the day?   3.  Did she receive a Letter Before Claim/Letter Before Action?   4.  Is this car park local to you?  If so it would be very useful to see pix of the signage.  You heavily hint that Simple Simon has mixed up Excel with VCS, and this has been fatal to him in court many times.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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link financial(abbey)


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i recieved a letter this week from link claiming abbey has now assigned my debt to them, i wasnt too worried and rang them to set up a repapyment plan. my exhusband went through bankcruptcy in 2001 so i'm quite familiar and confident dealing with DCA's. this one took me by surprise, he said he would not enter a payment plan and that i had to pay the full amount of £3321, wich i believe is slightly higher than i owe. told him no such luck cos i'm on benefits. he started to ask about my property and i gave him no information other than to say i have no disposable assets. this guy got stroppy and threatening. i told him i would be seeking the advice of the CCCS and would be in touch soon, he laughed and said that wouldnt help me at all. i informed him i was terminating the conversation and hung up.

he rang me friday morning, no idea where he got my number from, i did 141 before i rang, i'm ex directiory and on the TPS register? i dont give my number out to anyone public.

once again this guy was rude threatening and i felt inimadated by him, i told him that he had no right to contact me and under the data protection act i was demanding he take my number out of his database. this guy was laughing down the phone and i hung up on him. i recorded the conversation on my phone.

CCCS have advised i pay token amount of £1 per month.

since the conversation i came across this website wich is fantastic and i have today sent this letter, recorded has advised.

To Whom It May Concern

In response to a letter I received from you dated 23/ March 2007

 

 

I do not acknowledge ANY debt to your company.

 

I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

I am also stipulating that any correspondence from yourself must be by letter only and under no circumstances is anyone from your organisation or connected to it telephone my home.

I am familiar with section 40 of the Administration of justice act and also with the OFT Debt collection Guidance.

Any criminal offences will be pursued through the appropriate legal systems.

I spoke to an employee of yours recently by the name of xxxxxxx who was speaking in a threatening and intimidating manner. When I requested my telephone number be removed from your data base in accordance with the data protection act, he laughed and asked ‘what part is that’

When I asked him what his business was in calling he replied’ don’t play games with me, we spoke the other day and you know who I am’

I advised your employee that I am currently seeking advice from CCCS, his response ‘that won’t help you and I am refusing any offer of repayment that may be made’ I hadn’t suggested any offer of repayment because not once did he attempt to ascertain what my financial situation was, and I also dispute the validity of this debt.

I do not know where your organisation obtained my telephone from and as I am on the TPS register this is yet another breach.

I am also familiar with the Protection from harassment act 1997

Perhaps you should update your staff on current legislation.

The contents of this letter will be sent to OFT.

Regards

 

does this letter seem ok?

i have never before felt frightened by a DCA, maybe i have just been lucky.

also i am wondering if i should send any thing to abbey, i have read somewhere that they are also accountable for any agency they appoint on their behalf.

i am concerned that thay will attempt to take my house but hopefully now i have found this site i will find the help i need to prevent this happening.

i have read the threads and it seems like these DCA just act anyway they like and this link def has bad practice.

any advice is more than welcome

 

thanks for reading:)

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Hello Winney

 

Welcome :)

 

You're already know that this is not the most salubrious of organisations, but you probably need to be aware of some of the tricks they might pull.

 

They are not actually abliged to supply a copy of a deed of assignment to my knowledge (I stand to be corrected on that), but they should produce some form of proof of ownership of the debt.

 

Link will, in all likelyhood, try to wriggle out from their duty to supply a copy agreement. If they do I would report them to the OFT/TS and write back telling them they are talking rubbish.

 

I don't think there is much milage in writing to Abbey about Link. Abbey are effectively out of the picture now, exept as regard to reclaiming any outstanding charges you may yet to recover.

 

There is much said in other threads about Link applying for charging orders. Have a read of some of the other threads to see how people are dealing with this.

 

Kind Regards

 

Rosie

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i recieved a letter this week from link claiming abbey has now assigned my debt to them, i wasnt too worried and rang them to set up a repapyment plan. my exhusband went through bankcruptcy in 2001 so i'm quite familiar and confident dealing with DCA's. this one took me by surprise, he said he would not enter a payment plan and that i had to pay the full amount of £3321, wich i believe is slightly higher than i owe. told him no such luck cos i'm on benefits. he started to ask about my property and i gave him no information other than to say i have no disposable assets. this guy got stroppy and threatening. i told him i would be seeking the advice of the CCCS and would be in touch soon, he laughed and said that wouldnt help me at all. i informed him i was terminating the conversation and hung up.

he rang me friday morning, no idea where he got my number from, i did 141 before i rang, i'm ex directiory and on the TPS register? i dont give my number out to anyone public.

once again this guy was rude threatening and i felt inimadated by him, i told him that he had no right to contact me and under the data protection act i was demanding he take my number out of his database. this guy was laughing down the phone and i hung up on him. i recorded the conversation on my phone. thanks for reading:)

 

If they do ring again, tell them you are recording the conversation...See how long they stay on the phone then.

Just hate every DCA out there

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with me link tried to get out of the cca request by saying that thy didnt have to comply as the agreement wasnt current but that they would be able to get me statements/copies for extra fees.

searched in past threds for them and i laughed at link.

one of the posts said that if they were claiming that the agreement wasnt current then they couldnt claim any money from it so if they were trying to get money off me the agreement had to be current and so had to send a copy of my agreement.

 

they will probably try this with you just so you are aware of one of the possible letters.

 

sent a letter to them today telling them they still ahd to comply- now the waiting game again!

 

keep us posted what happens as i have an interest in this company.

 

good luck x

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i will keep updating as and when i hear from them, i'm sure they will be in touch soon. i am also keeping an eye on the other threads regarding link and getting good information.

i have read somewhere that OFT and the consumer credit licencing authorites are very intereseted in link and how they conduct themseselves so i will send compaints to these every step of the way also

thanks for the replies x

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I have been having the same problem with Link due to abbey, today i had a letter re my email to abbey stating that they no longer held the account so i should persue charges from LINK, is this right? as the charges were applied by abbey not link. The amount i owe LInk is £1531 and more as well, and these are the amount of charges i am asking back from abbey????

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friend george

i do not know the answer to that but have you sent cca request to link?

i have another thread on the go titled caa requests not provided, it should have read cca requests, anyway as yet no-one has responded to that one but if you search the threads on link you will get some idea of how they operate, if you post request for help i'm sure someone on here will provide you with good accurate advice....

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I've had experience of Link not complying with CCA requests. They told me they didn't have to comply as the agreement had been terminated (so you won't be wanting any money, then); but that they could try to obtain a copy for £5.

 

They also don't seem fully aware of their obligations under the DPA.

 

On the phone they're rude, bullying, intimidating and threatening. When you actually challenge them, turns out they're a carnival of clowns.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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hi djdave

yes they are bullies but i think i can thank them in a way, if they hadnt been so obnoxious and threatening i wouldnt have found this site and the wealth of info that is here, they have done me a favour and i wont let them intimidate anymore.

they rang yesterday telling me thay wanted £5 also but told them, in a nice way...no it is £1.

i will sit back and await for them to default on my request:p

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i too can't get over the way Link speak to you on the phone, they must know they will be recorded. i was also bullied, shouted at and threatened by Link not that long ago, although i didn;t record them i was so distressed (shaking and fighting to hold the tears back etc) i ended up phoning OFT and very quickly (the next day)trading standards took the case on (in which a report was submitted to Link's local trading standards office for investigation (which i believe was a personal visit to their office, but dont quote me!) best thing i did as i didn't even owe them money! see the link below, if you believe they're being unreasonable, dont hesitate to phone the office of fair trading etc, they are very helpful and understanding.

 

they've taken my £1.00 CCA fee as payment on the debt i dont acknowledge!

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hi all

 

 

i have had a few nasty phone calls from dcs,a especially lowells i was also nearly reduced to tears :( i think the recorded calls they claim are a lie most of the time i think they record a few for training or for managers to have a listen for staff performance but i think all us people on here who are fighting back are the minority and sadly most people just "shut up and pay up" but with the help of this great site and the people on it maybe we can change that :-D

 

 

good luck in your fight ;)

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hi nearlyoldwoman,

i read your thread re link and i will report them to trading standards once they have defaultd on my cca request, or if they dare to ring me again.

the more people that report them the better chance of them getting in trouble. in the 1st phone call i had with link they where threatening to go after my house, i dont think so....i have fought to keep this house for the last 6years due to ex's bancruptcy and only just got it in my name after marriage ending, if some stupid bully boy thinks i'm going to roll over and give up my home then he's no chance.

as for the way they speak to people then they deserve to get in trouble with the relevant bodies and i will report them to anyone i can...:D

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